Clerk of Court For the Court State Of Louisiana v. Aljerwon Paula Moran

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
ALJERWON PAULA MORAN
No.2020-KH-00623
_ _ _ _ _ _
IN RE: Aljerwon Paula Moran - Applicant Defendant; Applying For Supervisory
Writ, Parish of Ouachita, 4th Judicial District Court Number(s) 11-F-0405, Court of
Appeal, Third Circuit, Number(s) 53,488-KH;
_ _ _ _ _ _
October 14, 2020
Writ application denied. See per curiam.
JTG
SJC
WJC
JHB
Johnson, C.J., would grant and docket and assigns reasons.
Weimer, J., would grant to address the retroactivity of Ramos v. Louisiana, 140
S.Ct. 1390, 206 L.Ed. 2d 583 (2020).
Hughes, J., would grant in part and assigns reasons.
Supreme Court of Louisiana
October 14, 2020
10/14/2020 "See News Release 039 for any Concurrences and/or Dissents."

10/14/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0623
S
TATE OF LOUISIANA
v.
AL
JERWON PAULA MORAN
O
N SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
PE
R CURIAM:
D
enied. Applicant fails to show that he received ineffective assistance of
counsel under the standard of Strickland v. Washington , 466 U.S. 668, 104 S.Ct.
2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, applicant fails to satisfy
his post-conviction burden of proof. La.C.Cr.P. art. 930.2.
Applicant has now fully litigated his application for post-conviction relief in
state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-
conviction procedure envisions the filing of a second or successive application
only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within
the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in
2013 La. Acts 251 amended that article to make the procedural bars agai nst
successive filings mandatory. Applicant’s claims have now been fully litigated in
accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can
show that one of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted his right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.